Document v61mVmZJ2ZyY2d4xeaRK7apo6

Telephone: (702) 385-4202 BRADLEY & MERRELL c/o Jones, Jones, Close & Brown 300 South Fourth Street, Seventh Floor Las Vegas, Nevada 89101-6026 Fax: (702) 385-1655 July 21, 1993 Manning Gilbert Warren, III School of Law University of Louisville Louisville, Kentucky 40292 Re: Nevada Power Company v. Monsanto Company, et al. USDC, District of Nevada, Case CV-S-89-555-LDG-LRL Dear Professor Warren: I am very pleased to respond to your agreement to testify as an expert for Nevada Power Company in the matter referenced above. Enclosed you will find a consulting agreement made out to you. As per your request, we have listed your charges as $175/hour for all services other than in deposition or trial, for which your charges will be $250/hour. If these figures are incorrect for any reason, please let me know immediately. If not, please sign the agreement and return it to me. We will try to contact you in Spain within the next week. You will be receiving further contact from Fisher, Gallagher & Lewis, a firm that will be working with us on this case. In the meantime, if you have any questions, please call me at (702)386-3369. Sincerely RJS:dd cc: TNB Michael Gallagher, John Kim, Esq. Enclosure Esq. rjrtnvpm m tatpm trtw aranJO S Manning Gilbert Warren, III July 3, 1993 Page 2 NEVADA POWER COMPANY V. MONSANTO COMPANY, ET AL. CONSULTING AGREEMENT This agreement is by and between Nevada Power Company ("Nevada Power") and Professor Manning Gilbert Warren III. It concerns the matter of Nevada Power Company v. Monsanto Company, et a l , . USDC, District of Nevada, Case CV-S-89-555-LDG-LRL. Nevada Power desires to retain the services of Professor Warren as an expert on the conduct of Monsanto, Westinghouse and General Electric regarding relations with their customers from 1930 to 1988 in the matter of Polychlorinated Biphenyls. Nevada Power wishes to have Professor Warren testify on whether the defendants met the proper standard for ethical business conduct. Therefore, it is agreed to by the parties that: 1. Consulting Services Professor Warren agrees to provide consulting and other services regarding the ethics of the defendants and to provide all services which are incidental to and in conjunction with this field. 2 Independent Status Nothing in the Agreement shall be considered to create the relationship of employer and employee between Nevada Power and Professor Warren. Professor Warren at all times shall be deemed an independent contractor. 3. Fee Schedule Nevada Power agrees to pay Professor Warren in accordance with the following fee schedule: a. All non-deposition or non-trial time spent in preparation for this litigation $175/hour This includes research, review and analysis of relevant material regarding ethical business matters, personal or telephonic conferences and consultations and/or preparation of reports. ifr\nvpo w irW | n \w m n JOG .Di Manning Gilbert Warren, III July 13, 1993 Page 3 b. Deposition Testimony $250/hour This covers time spent in deposition testifying on behalf of Nevada Power. c. Trial Testimony $250/hour This covers time spent in trial testifying on behalf of Nevada Power. d. TravelExpenses Incurred To be billed sep ar at e1y for reimbursement or arranged by Nevada Power This covers expenses generated in long distance travelling to or from sites for meetings, conferences, depositions, hearings or trial. All air travel will be by regular coach class unless no other accommodations are available. e. Office Expenses To be billed separately to Nevada Power on a monthly basis The above fee schedule shall not be changed or amended without the written agreement of both parties. 4. Professor Warren will send a monthly billing statement reflecting all services, fees and expenses. 5. If in any one month Professor Warren expects to charge Nevada Power $5,000 or more, he must submit an itemized estimate of the charges in writing for prior approval by Nevada Power. 6. Due to the size and nature of this litigation, if for any reason Professor Warren is not able to continue as a consultant on this case, he must give Nevada Power Company at least thirty (30) d a y s 1 notice. The notice shall be in writing and sent via certified mail to: ijA nrpnM trapnH M annJaG Manning Gilbert Warren, III July 13, 1993 Page 4 Paul E. Merrell, Esq. 300 S. Fourth St., 7th Floor 700 Bank of America Plaza Las Vegas, Nevada 89101-6026 7. It is understood that Professor Warren will undertake efforts on behalf of Nevada Power only as requested. 8. This Agreement constitutes the entire agreement between the parties relating to the subject matter hereof. Any amendment or modification must be in writing and signed by each party. 9. This Agreement is hereby signed and executed by: Nevada Power Company by and through its attorneys Date: 7/is/Y3 Professor Manning Gilbert Warren III By: Professor Manning Gilbert Warren III Date: i|^nvporai\npts\M raran J06